ORD NO 25-1983 ORDINANCE NO. 2 5- 943
AN ORDINANCE ESTABLISHING THE RATES TO BE CHARGED FOR THE SERVICES
OF THE SEWER SYSTEM OF THE CITY OF VAN BUREN, ARKANSAS: REPEALING
ALL ACTS AND ORDINANCES IN CONTRADICTION HERETO: DELCARING AN
EMERGENCY: AND PRESECRIBING OTHER MATTERS PERTAINING THERETO.
WHEREAS, certain extensions, betterments and improvements
to the Sewer System of the City of Van Buren, Arkansas, are
necessary to make the Sewer System adequate to serve the needs
of the City of Van Buren, and its inhabitants; and
WHEREAS, it is necessary that the sewer rates imposed by the
City of Van Buren, should be adjusted in a manner so that such
rates entirely fund and provide for the operation of the Sewer
System; and
WHEREAS, the Van Buren Water Sewer Commission upon a
necessary and complete investigation have found that it is
necessary to the interest of the City and its inhabitants, that
the rates charged for the facilities and services afforded by
the Sewer System of the City of Van Buren, be adjusted as follows
and have offered such proposal to the city council of the City of
Van Buren, Arkansas;
NOW, THEREFORE, BE IT ORDAINED by the city council of the
City of Van Buren, Arkansas:
SECTION 1: Rate. That the following monthly rates which the
city council of the City of Van Buren, Arkansas, does hereby find
and declare to be fair, reasonable, just and necessary minimum
rates, are hereby established as rates to be charged each residential,
commercial, industrial, institutional, user for sewer services
rendered after January 1, 1984, by the sewer system effective,
beginning on the 1st day of January, 1984. The rate shall consist
of a minimum which shall be based upon the size of meter necessary
for such residence, business, industry or institution and an
additional actual usage rate of .63 per thousand gallons or fraction
thereof. The minimum rate shall include the first one thousand
gallons.
SECTION 2: Determination of Actual Usage. Actual usage
shall be determined as follows:
(a) Residential users' actual usage shall be based on
average monthly water consumption (in gallons) for the immediately
acEPfiz iC
preceding months of November,4January, February and March.
(b) As to other users (commercial, industrial and institutional)
actual usage shall be based upon actual discharge into the sewer
system where a properly installed and approved flow meter is
installed so as to monitor actual discharge. Where these users
do not install a meter to measure the discharge, discharge shall
be calculated to be same as the actual water consumption or an
estimated amount where good cause can be shown to the Water
Sewer Commission that such amounts of water are not
Any such estimation may not exceed a 90 day period.
SECTION 3: Minimum Fee: The minimum fee based upon meter
size shall be as follows:
Size of Meter (inches) Minimum Charge
3 4 3.37
1 6.73
1 1/2 10.10
2 56.10
3 168.30
4 224.40
6 336.60
SECTION 4: New Residential Customers. As to the new
residential customers who have not used the system for the winter
months as indicated, the Water Sewer Department shall make the
computation by taking in consideration such figures of actual
water usage as are available, if any. Such estimates shall only
be made for a period of one year until an average monthly basis
Ilk can be obtained during the months above indicated.
SECTION 5: All users of the sanitary sewer system outside
the corporate limits of the City of Van Buren, Arkansas, shall
pay one and one -half times the rate for customers inside the
corporate limits.
SECTION 6: Vacant Property. That vacant unoccupied property
not actually using the System shall not be subject to a charge,
but the burden of showing vacancy and non -use rest on the
owner of the property.
SECTION 7: The City Council hereby finds that said rates,
which amount to an increase of 12.2% over existing rates, are
reasonable and necessary to be charged for monthly sewer services,
and it is necessary that same be charged and collected in order
to produce sufficient revenue to pay outstanding Bonds and
Interest thereon as they mature, and together with the costs
of the operation of the system.
SECTION 8: Separability. That the provisions of this
ordinance are separable and if a section, phrase or provision
shall be declared invalid, such declaration shall not affect
the validity of the remainder of the ordinance.
SECTION 9: Repealing. That all ordinances and resolutions
and part thereof in conflict are hereby repealed.
SECTION 10: It is ascertained and declared that there is
immediate need in order to procure sufficient revenue to operate
and maintain the Van Buren Water and Sewer System and protect
the health, lives and property of the inhabitants of the City of
Van Buren, Arkansas, and consumers of the Van Buren Water and
Sewer Department, to charge and collect the charges hereinabove
set out; therefore, an emergency is found to exist, this Ordinance
is necessary for the preservation of the public peace, health
and safety, same shall take effect and be in force without delay.
PASSED AND APPROVED this 0 2/.41` day of )1/, yP 4 4 j ,P 1983.
APPROVED:
By i r
MAYOR
.ATTEST:
/4 a ✓L--
CI Y CLERK